P. v. Jenkins
Defendant appeals the judgment and sentence imposed following his jury-trial convictions for first degree murder, attempted murder, and other offenses. Appellant contends: (1) there was insufficient evidence he committed, or attempted to commit, robbery; (2) the trial court should have given a unanimity instruction with respect to the identity of the victim whose attempted robbery underlay the felony murder charge; (3) the trial court should have instructed the jury sua sponte on assault as a lesser included offense of robbery and attempted robbery; (4) the trial court should have instructed the jury sua sponte on assault with a firearm as a lesser included offense of robbery with a firearm enhancement; (5) the trial court erred in running the 25 year to life sentence for use of a firearm consecutive to the life without possibility of parole sentence imposed for first degree murder;[1] (6) he was denied a fair trial because the jury was selected in a racially discriminatory manner. Finding these contentions without merit, court affirmed.
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